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B THE 

opv 1 CLERK'S MANUAL 



OF 



RULES, FORMS AND LAWS, 



FOR THE REGULATION OF BUSINESS 



I3ST TIHZE] ASSEMBLT. 
BY RICHARD U. SHERMAN, Clerk. 



ALBANY, 1857. 



if 



UTICA : 

ROBERTS. PRINTER, 60 GENESEE STREET. 
1857. 



( 



3X3411 



THE 



CLERK'S MANUAL 



OF 



RULES, FOBMS AND LAWS 

FOR THE REGULATION OF BUSINESS 
I2ST TX3IEI ASSEMBL1T. 



BY RICHARD U. SHERMAN, Clerk. 



ALBANY, 1857. < 



UTICA : 

ROBERTS. PRINTER, 60 GENESEE STREET. 
1857. 





^>y\ 



IRiFl. E! E 1 a O El. 



The first edition of this little volume, was prepared for 
the purpose of informing new members of the Assembly, 
in advance of their entering upon their duties, of the or- 
dinary forms, practices and conveniences of legislation. 
Copies were forwarded to the members of the Assembly 
of 1856, previous to their annual meeting, and duplicates 
supplied at the opening of the session. Owing to the 
delay in the publication of the usual Legislative Manual, 
consequent upon the protracted organization of the House, 
the work proved of greater practical value than I had 
hoped, and led to an order for additional copies for the 
use of the present and next Assemblies, pursuant to which 
this edition is issued. 

I have carefully revised the original publication, and 
have added thereto, some matter, which I think will be 
useful. The rules adopted at the present session are 
materially amended from those of last year. They are 
contained here in their altered form, and the whole are 
carefully indexed, so that the index forms a complete 
synopsis of the rules, and makes this a more convenient 
reference in the matter, than either the Manual or the 
copies of the rules on the files. 

I am aware, that to those familiar with the business of 
legislation, many of the instructions given in these pages 
will be considered supererogatory ; being such as would 
naturally suggest themselves to the judgment of even the 
inexperienced. Nevertheless, I am assured from the five 
years practice I have had in the duties of the Clerkship, 
that instructions in even the most ordinary matters and 
forms are not only acceptable, but are really essential to 
the mass of new members. My experience has satisfied 
me that the labors of legislation can be materially light- 
ened to those upon whom rest their performance, and the 
public business be greatly promoted, by the practice of an 
uniform system of doing commonplace things. Certain 
it is, that the business of my own department has been 
facilitated by the introduction during my term of office of 
a style of blank forms corresponding with those given in 



these pages ; und I am confident, also, that a reference to 
the " Clerk's Manual" for information as to matters of form 
and fact merely, will leave to members more time than 
they would otherwise have, for the consideration ot mat- 
ters of greater importance. 

Although the forms and directions here given have been 
prepared with reference solely to the business of the Assem- 
bly, they will, with trifling variations, which will suggest 
themselves to the reader, serve for a guide in the Senate. 

The matter is arranged under the following general heads. 
The particulars will be found in the indexes at the close : 

1. List of Members of the Assembly. 

2. List of Officers of the Assembly. 

3. List of Committees of the Assembly. 

4. List of Members of the Senate. 

5. List of Officers of the Senate. 

6. List of Committees of the Senate. 

7. Organization. 

8. Drawing of Seats. 

9. Officers of the Assembly. 

10. Compensation of Members and Officers. 

11. Stationery and Newspapers. 

12. Post Office Arrangements. 

13. Documents. 

14. Duties of Officers. 

15. Books. 

16. Rules of Order. 

17. Committee Rooms. 

18. Admission to the Floor. 

19. Process of Passing Bills. 

20. Forms and Proceedings in Committee of the Whole. 

21. Forms of Endorsements and Reports. 

22. Contested Seats. 

23. Powers of Legislative Committees in taking testi- 

mony. 

24. Powers and Duties of the two Houses. 

25. Rules of the Assembly. 

26. Joint Rules of the Senate and Assembly. 

27. Instructions to State Printer. 

28. Indexes. 

Albany, Jan., 1857. RICHARD U. SHERMAN. 









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STANDING COMMITTEES OF THE SENATE, 

APPOINTED JANUARY 9, 1856. 



CLAIMS. 

Messrs. Lee, Sweet, Bellinger. 

FINANCE. 

Messrs. Richardson, Spencer, Mad- 
den. 

JUDICIARY. 

Messrs. Noxon, Wadsworth, Sickles. 

CANALS. 

Messrs. Upham, C.P.Smith, Briggs. 

RAILROADS. 

Messrs. Ramsay, Spencer, Bellinger . 

CHARITABLE AND RELIGIOUS SOCIETIES. 

Messrs. Spencer, Noxon, Cuyler. 

LITERATURE. 

Messrs. Bradford, C.P.Smith, Wads- 
worth. 

MILITIA. 

Messrs. Bellinger, Harcourt, A. M. 
Smith. 

ROADS AND BRIDGES. 

Messrs. Richardson, Towne, Kelly 

GRIEVANCES. 

Messrs. Paterson, Hotchkiss, Hale. 

BANKS. 

Messrs. Kelly, Petty, Huntington. 

INSURANCE COMPANIES. 

Messrs. Madden, Nichols, Rider. 

PRIVILEGES AND ELECTIONS. 

Messrs. Halstecl, Hale, Ramsey. 

INTERNAL AFFAIRS OF TOWNS AND 
COUNTIES. 

Messrs. J. A. Smith, Clark. 

STATE PRISONS. 

Messrs. Clark, Ferdon, Cuyler. 

POOR LAWS. 

Messrs. Sweet, Briggs, Paterson. 



ENGROSSED BILLS. 

Messrs. Nichols, Halsted, Towne. 

INDIAN AFFAIRS. 

Messrs. Hotchkiss, Nichols, 

COMMERCE AND NAVIGATION. 

Messrs. C. P. Smith, Brooks, Mad- 
den. 

AGRICULTURE. 

Messrs. Ferdon, A. M. Smith, Pat- 
erson. 

MANUFACTURES. 

Messrs. Briggs, Halsted, Clark. 

RETRENCHMENT. 

Messrs. Towne, Huntington, A. M. 
Smith. 

PUBLIC BUILDINGS. 

Messrs. Sickles, Towne, Harcourt. 

DIVISION OF TOWNS AND COUNTIES. 

Messrs. Rider, J. A. Smith, Brad- 
ford. 

CITIES AND VILLAGES. 

Messrs. Brooks, Petty, Lee. 

PUBLIC EXPENDITURES. 

Messrs. Hale, Hotchkiss, — — 

EXPIRING LAWS. 

Messrs. Huntington, J. A. Smith, 
Petty. 

MEDICAL SOCIETIES. 

Messrs, Bradford, Ferdon, Lee. 

PUBLIC PRINTING. 

Messrs. Upham, Richardson, Sickles. 

MANUFACTURE OF SALT. 

Messrs. Cuyler, Noxon, Sweet. 

JOINT LIBRARY. 

Messrs. Wadsworth, Kelly, Rider. 

SELECT COMMnTEE ON THE RULES OF 
THE SENATE. 

Messrs. Bradford, Brooks, Spencer. 



ORGANIZATION. 



No specific provision is made by law for conduct- 
ing the proceedings at the organization of the Leg- 
islature. The law provides simply, that 

The Legislature shall assemble at the Capitol, in the 
city of Albany, on the first Tuesday of January of every 
year. R. S. § 1, Title 2, Chap. VI. Part I. 

It has been the custom for the Clerk to call to 
order, to put questions and conduct the proceed- 
ings generally, until a presiding officer is chosen. 
The Clerk is furnished by the Secretary of State, 
with an official list of the members elect, which he 
calls in their order ; when each member, as his 
name is called, presents himself in front of the 
Clerk's desk, and is sworn by the Secretary of State, 
or in his absence, some other officer authorized to 
administer the oath. The oath may, however, be 
taken previously, before any Justice of the Supreme 
Court, the Secretary of State, the Attorney Gener- 
al, the Lieutenant Governor, any Judge of County 
Court, any Mayor or Recorder of any city, or the 
Clerk of any county or Court of Record. The 
oath, wherever taken, must be duly subscribed, 
certified and filed in the office of the Secretary of 
State. 

The oath must in all cases be taken before the 



18 

expiration of fifteen days from the commencement 
of the term of office, which is the first day of 
January. 

Members who are absent at the organization, may 
be sworn by the Speaker, if they have not previous- 
ly taken the oath. 

It is not neccessary for any member to present his 
certificate of election unless his claim should be 
disputed. The certified list of the Secretary, pre- 
sented to the Clerk, is sufficient to entitle any 
member named therein to be sworn unless it should 
be proved erroneous by the production of a proper 
certificate from the county canvassers. The Clerk 
attends to the filing of oaths of all members sworn 
in the Assembly Chamber. 

After all are sworn, if a quorum be present, the 
House is competent to proceed to business. 

The election of Speaker may be by ballot, by 
resolution, or by viva voce, as the House may order. 
It is usually, however, by viva voce. Each member 
as his name is called, rises in his place, and openly 
announces for whom he votes. The member receiv- 
ing a majority of all the votes, is declared by the 
Clerk, elected, is conducted to the chair by a com- 
mittee named for that purpose, and immediately en- 
ters upon the performance of the duties of his office. 

The election for the remaining offices should then 
be proceeded with, either in the same manner, or 
by one of the other modes named. Usually, to 
save time, all the officers after Clerk, are elected 
by resolution. 

The officers elect are, if present, immediately 
sworn by the Speaker and enter upon their duties. 



19 

Committees are then appointed to wait upon the 
Governor and the Senate and inform them that the 
House is organized and ready to proceed to business. 
As soon as these committees report, and similar 
announcements are made from the Senate, the an- 
nual message of the Governor is presented, read by 
the Clerk and usually referred to a Committee of 
the whole House, for future consideration. 

An adjournment customarly takes place at this 
stage, to an afternoon session held for the purpose 
of determining the choice of seats. 

DRAWING GF SEATS. 

. The practice of drawing for seats, has, for the 
last few years been as follows : though a different 
mode may be adopted if preferred. This system 
has, however, been found to be as free from objec- 
tion as any that could, probably, be devised : 

1. A list of all the names is carefully prepared 
by the Clerk. Each name is on a separate piece of 
paper and folded in the form of a ballot. Each 
ballot is of the same size and appearance. 

2. A committee is appointed to compare them 
with the list of members to see that there are no 
mistakes. 

3. They are then put in a box and thoroughly 
shaken in the presence of the whole body, so as to 
thoroughly mix the ballots. 

4. The members, excepting the Speaker, and all 
other persons except reporters and those whose 
official duties require their presence in the Assem- 
bly Chamber, retire to the Cloak Room, adjoining 



20 

the Assembly Chamber, or to the adjacent space 
allotted to spectators. 

5. The Speaker appoints a person, other than a 
member or an officer, to draw, who proceeds to with- 
draw one ballot from the box, which, without open- 
ing he hands to the Speaker. The Speaker opens 
the ballot and hands it to the Clerk, who announces 
the name drawn. The Sergeant-at-Arms calls the 
name at the Cloak Room door, when the member 
called, enters the Assembly Chamber and choses his 
seat, which he must occupy until the drawing is 
completed, under penalty of forfeiting his seat, unless 
he has previous leave of absence from the Speaker. 

The drawing being completed, the House usually 
adjourns until the next day. 

OFFICERS OF THE ASSEMBLY. 

The officers and employees of the Assembly are 
as follows : € 

One Speaker. 
One Clerk. 

Four Deputy Clerks, classified as follows : 
One Journal Clerk. 
One Engrossing Clerk. 
Two Clerks to perform miscellaneous duties. 
One Librarian. 
One Assistant Librarian. 
One Sergeant-at-Arms. 
One Assistant Sergeant-at-Arms. 
One Door Keeper. 
So many Assistant Door Keepers as the House 



21 

may deem necessary. At the Session of 1856 there 
were seven, located as follows : 

One at the north railing door. 

One at the south railing door. 

One at the Ladies' gallery. 

One at the Gentlemen's gallery. 

One at the Ladies' lower gallery. 

One at the Cloak Room inner door. 

One at the Cloak Room outer door. 

Ten Messengers. 
• And such other subordinate officers as the House 
shall deem necessary. These at the present Session, 
have been adjudged to be as follows : 

One Post Master. 

One Assistant Post Master. 

One Janitor. 

One Keeper of the Assembly Chamber. 

Fourteen additional Messengers. 

These officers, (except the Speaker, who must be 
chosen by the Assembly itself, and the Deputy 
Clerks, Librarian and Assistant Librarian, who are 
appointed by the Clerk,) may be chosen by either 
election or appointment as the House may prefer. 

Usually, the Clerk, Sergeant-at-Arms, Door- 
Keeper and first and second assistant Door-Keep- 
ers, are elected by the House, and the remaining 
officers (except those in the department of the 
Clerk,) appointed by the Speaker. 

COMPENSATION OF MEMBERS AND OFFICERS. 

The Speaker is entitled by the Constitution, to 
receive four dollars per day and the same rate of 
mileage as other members. 



22 

Each other member is, by the same authority, 
entitled to three dollars per day and ten cents for 
each mile traveled in once going to and returning 
from the Capitol, rating by the most usual traveled 
route. 

Compensation is limited to one hundred days for 
the regular session. But if an Extra Session as- 
semble at the call of the Governor, pay is allowed 
for the whole number of days occupied therein. 

The mileage may be drawn, both ways, on the 
first day of the session, or at any subsequent day, 
according to the pleasure of the member. Per 
diem compensation may be drawn as it becomes, 
due. 

The member or officer desiring to draw, either 
mileage or per diem, applies to the Clerk, who 
keeps the pay accounts. The Speaker certifies to 
the number of days attendance or of miles travel. 
To this certificate is attached the receipt of the 
member for the amount due, which is paid by the 
Treasurer upon the warrant of the Comptroller, in 
the same manner as other payments from the 
Treasury. Usually, for convenience, the Clerk 
makes arrangements with one of the city banks, to 
cash the certificates without waiting for the Comp- 
troller's warrant, and keeps a messenger to procure 
the funds in each case, so that the member is sub- 
jected to no inconvenience or delay in obtaining 
his pay. 

No extra compensation of any kind can be allow- 
ed to a member, it being forbidden by the Consti- 
tution.. 



23 



The pay allowed by Statute to the officers, is as 
follows : 

Clerk. — One thousand two hundred dollars per year 
salary ; the office being one having duties ex- 
tending beyond the session. 

Deputy Clerks. — Six hundred dollars salary. 

Sergeant -at -Arms, Assist ant Sergeant-at- Arms, Door 
Keeper, Assistant Door Keepers, Librarian and 
Assistant Librarian. — Each three dollars per day 
and mileage as above. 

Messengers. — (To the number of ten.) Each one 
dollar per day. 

Xo Statutory provision is made for the pay of 
other subordinates ; but it is usual to allow them in 
the supply bill, (a measure passed at the close of 
each session to supply deficiences,) at the rate other 
officers of the same grade are paid. Extra com- 
pensation is usually provided in the same bill to 
officers whose labors have been deemed unusually 
arduous. 

STATIONERY AND NEWSPAPERS. 

Each member, officer and reporter, (pursuant to 
Chap. 530, Laws of 1853,) is allowed to draw, 
through the Clerk, who has charge of that depart- 
ment, such allowance of newspapers and stationery 
as he shall need for his official use during his Legis- 
lative term, not exceeding in cost, the sum of thirty 
dollars. It is not intended that the full allowance 
of thirty dollars should be drawn at the outset, in- 



24 



asmuch as such a construction would be an obvious 
violation of the Constitution, which forbids all extra 
allowances to members ; but each is to have what 
he actually requires for official use, not exceeding 
thirty dollars in value. If he require less, he is to 
have only what he requires. If more, he must pro- 
cure it at his own cost. 

In order that members may be constantly sup- 
plied with stationery, an assortment of the articles 
ordinarily required, is kept in the Clerk's Room, in 
charge of the Librarian, from which members and 
officers may draw at their pleasure, provided they 
do not exceed the lawful allowance. An account 
with each, is kept by the Librarian. All articles 
are furnished at the price paid for them by the 
State. If legitimate articles of stationery are re- 
quired which are not contained in the Clerk's assort- 
ment, they may be obtained of any stationer in the 
city of Albany on the Clerk's order for that pur- 
pose. 

Any member or officer desiring to have newspa- 
pers sent to him during the session, may leave his 
order with the Clerk, or with the Deputy to whom 
is assigned that particular department. The papers 
may be delivered either at the Assembly Chamber 
or at the member's boarding place, as he may pre- 
fer. 

POST OFFICE ARRANGEMENTS. 

A Post Office is kept in one of the rooms adjoin- 
ing the Assembly Chamber, for the convenience of 
members. This is in charge either of the Assistant 
Sergeant-at-Arms or of a Post Master, appointed 



25 

by the Speaker or by the House. Here all mail 
matter may be transmitted by members, whether 
letters, newspapers or public documents. There is 
no law allowing the payment, by the State, of the 
postage of the letters of members whether on offi- 
cial or private business ; but the postage on news- 
papers and documents, is provided for by statute 
(Chap. 530, Laws of 1853.) All packages of 
this nature, left by members with the House Post 
Master, are stamped with his official mark, which 
insures their dispatch from the xllbany Post Office 
without further concern to the member. 

The House Post Master dispatches all letters left 
with him in time to meet the arrangements for 
closing the mail. 

DOCUMENTS. 

The printed documents of the House are in the 
charge of the Sergeant-at-Arms. Each member 
is supplied with file boards or port folios, on which 
one copy of each document received from the prin- 
ter, is placed by one of the messengers. One mes- 
senger is assigned to the service of each eight or 
more members. It is his duty to receive each day 
from the Sergeant-at-Arms, the quota of docu- 
ments belonging to the members on whom he waits, 
attach the proper copies to the files, and deliver the 
remainder to the members to whom they belong. 
It is also the office of the messengers to prepare for 
mailing, such documents as the members may wish 
to forward, and to perform such errands as may be 
required of them, not inconsistent with their other 
active duties during the sessions of the House. 



26 

Any omissions of duty on their part should be re- 
ported to the Sergeant-at-Arrns, in whose depart- 
ment they belong. 

The documents are distributed equally between 
each member, officer and reporter, in all cases ex- 
cept where the House orders a different disposition 
of them. 

One copy of every original bill reported by a 
committee, or other report of a committee and 
every report or communication made in pursuance 
of law is, by the 12th joint rule usually adopted, 
required to be printed for each member. If more 
are required, they must be ordered by resolution. 
All resolutions ordering the printing of extra copies 
are by the House rules, required to be referred to 
the printing committee, and, by statutory require- 
ment, (Chap. 530, Laws of 1853,) all resolutions 
ordering the printing of more than 4.000 copies of 
any document, require for their passage, the assent 
of both houses. 

DUTIES OF OFFICERS. 

For the convenience of both members and offi- 
cers, the following general definition of the duties of 
the officers of the House is given. 

SPEAKER. 

The duties of the presiding officer, as such, are 
so fully defined by the rules or settled by parlia- 
mentary practice and precedent, as to require no 
particular description here. In addition to pre- 
serving order and decorum, deciding points of or- 
der, putting questions, &c, it is his duty to certify 



27 

to all bills passed by the House, and to the pay bills 
of the members and officers. AH the officers of the 
House are subordinate to him, and as far as relates 
to the prompt and correct discharge of their duties 
are under his supervision. The officers and em- 
ployees appointed by him are especially under his 
direction, and any dereliction of duty on their part 
should be reported to him. 

CLERK. 

A particular definition of the duties of the Clerk 
would require more space than the scope of this 
little publication would allow. It is to be presum- 
ed also, that any person accepting the position, will 
have sufficiently informed himself by previous ex- 
perience in a subordinate or similar capacity, of the 
nature, extent and detail of his duties to have no 
need of instiuction. The object here, being simply 
to supply information for the guidance of new mem- 
bers, nothing need be said of the function of any 
officer, beyond what may be required for the con- 
venience of the member. 

All the inner regulating machinery of the House 
may be said to be in the charge of the Clerk. He 
has the care and custody of all the papers and re- 
cords, and arranges in its proper order, from day to 
day, after its inception, all the business of the House. 
He must, in order to have a proper knowledge of the 
affairs of his department, apportion, systematize and 
supervise the labor of all his subordinates, and when 
not called therefrom by more important duties, 
should officiate in person at the reading desk. He 
is the disbursing officer of the House and under the 



28 

supervision of the Comptroller, purchases all sup- 
plies of stationery, books and other articles required 
for its use. The duties of his subordinates are pro- 
perly his duties, as they are all performed under 
his direction and he is responsible for their deficien- 
cies. A more detailed description of the labors 
connected with the clerkship, will be found under 
the next head. Each Clerk, will, of course, appor- 
tion the labors of his department in such manner as 
will best promote his convenience and most facili- 
tate the business of the House. The arrangement 
subjoined, is such as was in force during the session 
of 1855, which for convenience sake, is given en- 
tire. 

REGULATIONS IN THE DEPARTMENT OF THE CLERK. 

For the systematic and correct performance of 
the duties in this department, the Clerk of the As- 
sembly establishes the following regulations : 

DUTIES OF DEPUTY CLERKS. 

Journal Clerk. — It is the duty of the Journal 
Clerk, specially : 

1. To keep the record of each day's proceed- 
ings, and to read the proof of the same while print- 
ing. * 

2. To make copies of all resolutions offered, or 
passed in the Assembly. 

3. To label, with their proper dates and refer- 
ences, and file in their appropriate places, all pa- 
pers presented. 



29 

Engrossing Clerk. — It is the duty of the Engross- 
ing Clerk, specially : 

1. To engross all Bills and Resolutions ordered 
to a third reading ; to see that they are signed by 
the Speaker after their passage ; to deliver them 
with suitable messages to the Clerk of the Senate, 
and in proper cases, to the Governor, and to make 
suitable entries of such delivery, attested by his 
signature, in the Registers of Bills. 

2. By direction of the Clerk, to assist that officer 
in the performance of the general duties of his de- 
partment, and to perform such service appertaining 
to the duties of the other Clerks, as may become 
necessary by the pressure of business, or by their 
sickness or absence. 

Clerks to Perform Miscellaneous Duties. — It 
is the duty of the Senior Clerk, designated, to per- 
form miscellaneous duties, specially : 

1 . To officiate at the reading desk during the ab- 
sence of, or when required by, the Clerk. 

2. To arrange and number for convenient refer- 
ence, and in their proper order, with all papers con- 
nected with them, all bills committed to the com- 
mittee of the whole. 

3. To make search for, and to deliver to the pro- 
per committees, or officer, all papers ordered to be 
taken from the files. 

4. To distribute to the proper committees, all 
papers referred. 

5. To select each day, and to make a list there- 
of, in the book provided for that purpose, all papers 



30 

ordered to be printed, and to send them to the 
printer, taking his receipt therefor. 
It is the duty of the Junior Clerk, designated to per- 
form miscellaneous duties, specially : 

1. To assist the Journal Clerk in the perform- 
ance of his duties. 

2. To keep the per diem and mileage accounts of 
members and officers, and with the assistance of the 
Librarian, the newspaper and stationery accounts. 

3. To keep the Register of Bills, and the book of 
General Orders. 

GENERAL REGULATIONS 

1. Each Clerk is expected, when not occupied in 
the performance of his own particular duties, to 
render such assistance to the chief Clerk, and to 
his associate Clerks, as may be in his power, or as 
they may stand in need of ; and each will, when 
not occupied in some specific duty, attend promptly 
to all calls for information which may be made by 
members or reporters. The several Clerks are ex- 
pected to render to members, all proper clerical as- 
sistance which may be desired of them, and the per- 
formance of which will not interfere with their 
regular duties, and they will at all times, maintain 
towards members and reporters, and towards each 
other, the utmost courtesy of demeanor. 

2. The hours of service each day, are from 8^ 
o'clock in the morning till the adjournment ; and 
with exception of a suitable time for dinner, from 
the adjournment until all the duties of the day have 
been fully performed. 

3. The following acts will be considered breaches 



31 



of duty, on the part of any officer or employee in 
the Clerk's department, and will be noticed accord- 
ingly : 

1 . Willful neglect of any of the above prescribed 
duties. 

2. Absence from the Capitol without sufficient 
excuse, and the use of intoxicating drinks during 
session. 

3. Interference with Legislation. 

Each Clerk will remain at his post within the 
desk, during the session, except in so far as he may 
be called therefrom in the regular performance of 
his duties. 

REQUEST TO MEMBERS, OFFICERS AND REPORTERS. 

It is especially requested that no member, officer 
or reporter, will interrupt the Journal Clerk while 
engaged in keeping the Journal, or take from the 
Clerk's desk, any paper or book, without the assent 
of the officer having it in immediate charge. 

DUTIES N 0F THE LIBRARIAN AND ASSISTANT. 

It is the duty of the Librarian^ to have the charge 
and custody of the Assembly Library, and of the 
stationery department. He will allow no book to 
be taken from the Library, by any person not a 
member, officer or reporter, of the Legislature. 
He will keep a register of all books delivered, and 
will see that they are all returned before the final 
adjournment. He will always retain in the Library, 
at least one copy of every book therein deposited. 
He will also keep an account of all stationery fur- 



32 

nished to members, officers and reporters, taking 
care in each case, that the amount shall not exceed 
the legal allowance, including knives and news- 
papers. He will be held personally accountable for 
the property committed to his charge, and will be 
required to make good all deficiencies which may 
occur through his neglect, error or unfaithfulness. 

It is the duty of the Assistant Librarian, to aid 
the Librarian in the performance of his duties. 

LIBRARY HOURS. 

The Library Hours are from 8 o'clock, A. M., 
till the hour of adjournment, and with the excep- 
tion of a suitable time for dinner, till 5 o'clock P. 
M., and from 7 to 9 o'clock in the evening. 

SERGEANT-AT-ARMS. 

The Sergeant-at-Arms, is under the direction of 
the Speaker, the police officer of the House. He 
is the officer of the Speaker to aid him in enforcing 
order in cases where his intervention is necessary. 
He should observe whether the Door Keepers are 
at their post and attend properly to their duties. 
Any omissions on their part or on the part of 
any officer and employee in his department, he 
should report to the Speaker. He has the custody 
of the printed documents of the House and must 
see that they are placed properly on the files where 
they belong or are properly distributed or arranged 
in his department. He should keep an accurate 
and particular account of all documents he receives 
from the printer, and indexes of the various doc- 



33 



uments in his custody, so they may be easily re- 
ferred to when required. The Messengers are em- 
ployees of his department and he should see that 
they are properly instructed and attentive in their 
duties and well disciplined. He, or his assistant 
should be in attendance an hour before each session 
and during the time committees are sitting, as 
well as during the sessions of the House, so as to 
supply any call they may make for documents. 

DOOR KEEPER. 

The business of the principal Door Keeper is to 
attend, during the sessions of the House, in person, 
the main door or entrance to the floor of the 
House, to see that no person is admitted who is not 
entitled to admission by the rules of the House, and 
that spectators are properly seated. He must see 
also,, that the Assistant Door Keepers are at their 
posts and attend properly to their duties. He 
should be in attendance, with his assistants, an hour 
before each meeting of the House, to see that the 
floor is not encumbered with spectators at the hour 
of meeting. He, or one or more of his assistants, 
selected by rotation, should be in attendance during 
the recesses of the House, to prevent improper 
intrusion. 

ASSISTANT DOOR KEEPERS. 

Their duties are to perform, each in his place, 
the same duties that are performed by the principal 
Door Keeper in his. 

POST MASTER. 

By the statute, the Assistant Sergeant-at-Arms 
is properly the Post Master of the House. But 



34 

as the services of this officer have been found to be 
necessary in the department of his principal, it is 
customary to appoint a person for this specific duty. 

The business of the person so appointed, is to 
keep a letter-box for the receipt of all letters de- 
posited with him for mailing and to send them with 
such other mail matter as may be committed to his 
charge, to the city Post Office, before the closing 
of each principal mail. To receive from the city 
Post Office, all mail matter addressed to members 
who may desire to receive the same at the House 
and to keep them in the receptacles provided for 
them, until called or sent for by the person to whom 
they are addressed. 

He stamps with his official seal, all mail matter, 
the postage of which is chargeable to the House, 
and the same is charged accordingly by the city 
Post Master. 

ASSISTANT POST MASTER. 

His duties are to carry the mails to and from the 
Post Office, and to assist generally his principal 
in the discharge of his duties. If any further as- 
sistance is required in this department, application 
should be made to the Sergeant-at-Arms, who will 
detail as many Messengers as may be needed or can 
be spared, for the service required. 

janitor. 

The duty of this officer is to light the gas burners 
when artificial light is required during the sessions 
of the House or of its committees. To provide 
water for drinking purposes and for washing, and 



35 

to see that the receptacles for containing and using 
the same are kept cleanly and in order. To wait 
upon committees when required, to carry books and 
stationery to and from the House, for the service of 
the House, or of members or officers, and to make 
himself useful generally. 

KEEPER OF THE ASSEMBLY CHAMBER. 

It is the duty of this officer to attend in the As- 
sembly Chamber or in the rooms connected there- 
with, at all hours while these rooms are open, to 
see that the property of the House and of members 
is not molested or abstracted. To see that the 
drawers of the members' desks are locked when 
they leave the House, and if not, to lock them and 
deliver the keys to their occupants. To gather up 
and preserve any loose property the members or 
others may leave on their desks or about the House, 
and return the same to their owners. To see that 
the cloaks, overcoats, hats, walking sticks, overshoes 
and umbrellas of members are deposited in their 
proper places and are not molested. And when 
not employed in any specific duty, to make himself 
useful generally. 

MESSENGERS. 

Their duty is to wait upon members during the 
sessions of the House and to place a copy of each 
printed document upon the files of the members, 
officers and reporters. To enable them to perform 
this labor promptly, each is assigned a portion of 
members, whose files he is to attend to particularly ; 
but this does not exempt him from waiting upon 



36 

otter members when not occupied in the service 
of those to whom he is particularly assigned. The 
Messengers are also to carry papers from members 
to the chair, while the business of the House is going 
on, and in order to do this properly and without 
confusion, the Serge ant- at- Arms should assign to 
each his station, which should be some particular 
aisle or portion of desks. In the discharge of their 
duties they are to obey the instructions of the Ser- 
geant-at-Arnis. They should, in rotation, (as ar- 
ranged by this officer,) attend in the Assembly Cham- 
ber during the sessions of committees or while the 
Clerks are engaged in their duties out of session, 
to answer the call of committees, members, or of 
the Clerks. 



The Sergeant-at-Arms or his Assistant, each 
Door Keeper and Assistant Door Keeper, the Jani- 
tor and Keeper of the Assembly Chamber, should 
severally attend and officiate in their proper places, 
in the Assembly Chamber, on all occasions when it 
is occupied by meetings of other bodies. 

KEEPER OF THE CAPITOL. 

The Keeper of the Capitol is not an officer of the 
House, but as he has duties in connection with it, a 
brief definition of such duties is desirable. He has 
the general charge, (under the trustees of the Cap- 
itol,) of the building and grounds and superintends 
their cleaning and reparation. He sees to the 
warming, ventilation and opening of the rooms for 
the use of the House and of its committees, and has 



0-" 



the custody of the public property, in the Capitol, 
during the recesses of the Legislature. 



BOOKS. 

In the Clerk's Room, opposite the Assembly 
Chamber, is kept a library of books embracing the 
journals and printed documents of the legislature, 
from the organization of the government, the Re- 
vised Statutes and Session Laws of this state and 
some other volumes of a public character to which 
reference is frequently needed. These are open to 
all members who may require their use. One copy 
of each work is required to be kept at all times in 
the library. The remaining copies may be drawn 
at any time by any member and may be retained as 
long as he needs, for a time not extending beyond 
the final adjournment. 

Copies of the Revised Statutes are provided for 
each of the principal committees, which they may 
take to their rooms, but must return at the close of 
the session. This department is in the immediate 
charge of the Librarian of the Assembly. 

The State Library is connected by a convenient 
passage with the Assembly Chamber. The large 
collection of books here deposited, legal, historical, 
scientific and miscellaneous, is open to any member 
who wishes to draw ; subject to no conditions, ex- 
cept the return of the books in good order, within 
a reasonable time. This collection is in the charge 
of the State Librarian. 



38 



RULES OF ORDER. 

Most of the questions ordinarily oc curing in leg- 
islative business, are specifically provided for in the 
standing rules of the House ; but questions and 
complications of questions often arise, for which no 
provision has been made. In the determination of 
these, the custom is to follow precedent or the 
usual parliamentary practice, where it can be known. 
Jeff er. sons 1 s Manual is the authority most usually re- 
ferred to in cases of this kind, and by reason of its 
supposed applicability to most questions likely to 
occur in legislative business, it is included at 
length in the Legislative Manual, prepared in pur- 
suance of law by the Secretary of State. But ex- 
perience has proved that it is not always an appli- 
cable guide. Being based for the most part, on the 
practice of the British Parliament and on rules and 
precedents more remarkable for their antiquity than 
for anything of practical value they contain, its 
adoption as a text book, leads oftener to confuse 
than to enlighten. Cushing's Manual, which may 
be obtained in a compact and cheap form, at any of 
the principal book stores, contains all that is appli- 
cable to forms of legislation, under our government, 
in Jefferson' ] s Manual, while it omits all that is 
obsolete and inapplicable. For this reason it is re- 
commended as the most complete and convenient 
text book on the subject, in use. The practice it 
lays down, is in most things essentially the same as 
that which has prevailed during the administration 
of the ablest Speakers of the Assembly in latter 
years. 

But what will be found of more importance than 



39 

any book or precedent, as a parliamentary guide in 
a legislative body, is the possession by the presiding 
officer, of good strong common sense ; without which 
qualities, the ablest and most learned can never 
attain success. The parliamentary law, like the 
common law, has for its basis common sense ; and 
in all matters of doubtful construction, this is the 
only guide that can be followed with safety. 

COMMITTEE ROOMS. 

Rooms for the accommodation of the various com- 
mittees are provided in the Capitol buildings. One, 
usually occupied by the committe on the Judici- 
ary, is in the basement, the others are in the third 
story, immediately over the Assembly Chamber. 
Some committees hold their meetings in the Cloak 
room, and others in the Assembly Chamber. The 
committee rooms are in the care of the Keeper of 
the Capitol, who resides in the building and has the 
general care of the rooms and furniture. 

ADMISSION TO THE FLOOR. 

By the 51st Standing Rule, the privilege of ad- 
mission to the floor is confined to the Governor and 
Lieutenant Governor, members of the Legislature, 
State Officers, Regents of the University, Report- 
ers designated by the Speaker and persons in the 
exercise of an official duty. Xone others can be 
properly admitted except by invitation of the Speak- 
er. The rigid enforcement of this rule, will be 
found, in the end, to greatly promote the con- 
venience of members and aid in securing good or- 
der. 



40 

PROCESS OF PASSING BILLS. 

As every new member will have the responsibil- 
ity of looking after legislation for his locality, the 
following statement of the manner of introducing, 
forwarding and passing bills, will be found con- 
venient. 

Bills may be introduced by any member on any 
subject after giving one day's notice thereof, or by 
the unanimous consent of the House, without no- 
tice ; or they may be reported by any standing or 
select committee to which the subject matter may 
be referred. "When they are introduced by a mem- 
ber, the procedure is as follows : 

The member first gives his notice, under the head 
of business of u JVoHces." The next day, or some 
subsequent day, under the head of u Introduction of 

Is," he rises in his place and says : 

Mr. Speaker : Pursuant to previous 
notice I ask leave to introduce a bill. 

He then sends the bill to the Speaker's desk, 
when it is read and referred. 

Bills on their introduction, are read twice by 
their titles. If objection be made to reading by 
the title, the bill must be read through, unless the 
House otherwise order. After the second reading, 
they are referred to one of the standing committees 
of the House or to a select committee. Xo motion 
for this purpose is necessary unless a particular refer- 
ence is desired. 

The formal introduction of a bill is not necessary 
when the subject matter has been referred by peti- 
tion or resolution to a committee. If a bill accom- 



41 

pany the petition when received by the member, it 
may be handed over to the committee at any time 
after the petition has been presented to the House, 
without going upon the records. The committee 
has the same authority over the matter as upon a bill 
originally referred to them. 

After a bill has been reported by a standing or 
select committee, it goes upon what are called the 
" General Orders ," which is a list of all the bills 
thus reported, arranged in their proper order. 
They then come up for consideration before the 
whole House in committee of the whole, on any day 
when that order of business is reached, or upon 
" General Order Days" which are Tuesdays and 
Thursdays of each week — those days being set 
apart especially for the consideration of the General 
Orders. The bills must be taken up in their exact 
order, unless the House by a two-thirds vote direct 
otherwise, on a motion made for that purpose. 
When a bill has gone through the committee of the 
whole, (in the manner indicated in another part of 
this volume,) it is reported to the House, and if the 
report be agreed to, the bill is ordered to a third 
reading, is engrossed, compared, and has its third 
reading in its order or some subsequent day, when 
that order of business is reached. 

It is then delivered to the Senate by the Clerk, 
when it goes through the same stages it has in the 
House. Bills passed by one House have no pre- 
ference in the other over bills introduced there. 

Should a bill which has passed one House be 
amended in the other, the question of concurring in 
the amendments may be taken on the return of the 



42 

bill to the House where it originated, unless the 
House should please to refer the amendments to a 
committee. 

After the concurrence of both Houses in a bill, it 
is delivered by the Clerk of the House where it 
originated, to the Governor, and if it receives his 
approval, is by him sent to the office of the Secre- 
tary of State, where it takes its place in the chap- 
ters of laws. 

Should it be desirable from any cause, to hasten 
the passage of a bill, it may be done, with the con- 
sent of the House, in either of the following 
modes, viz : 

1. By refering to a standing or select committee 
to report complete. 

2. By discharging the committee of the whole 
from its consideration, and ordering it directly to a 
third reading. 

3. By procuring its consideration out of its order, 
in committee of the whole. 

In order to accomplish the object by the first 
method, the following steps must be taken: 

1. Give one day's notice of the intention to sus- 
pend the rule or rules which conflict with the object 
in view. This must be done under the order of 
business of '" Notices ." The following form of notice 
is applicable to this case : 

Mr. gives notice that he will at 

some early future day, move to suspend 
the fourth rule, in order that the bill en- 
titled an act {insert the title,) may be re- 



43 

ferred to the standing committee on 

(or to a select committee,) to report com- 
plete. 

The next or some subsequent day, a motion must 
be made, under the order of " Motions and Resolu- 
tions f to suspend the rule and refer the matter as 
desired. For this purpose the following forms are 
applicable : 

Pursuant to notice, 

Mr. moves that the fourth rule 

be suspended in order that the bill enti- 
tled an act {recite the title,) may be referred 
to the standing committee on (or to a 
select committee,) with power to report 
complete. 

This motion requires, in order to carry, sixty-five 
votes, a majority of all the members elected. If 
it is carried, it must be followed by another motion, 
as follows : 

Mr. moves that said bill be so 

referred. 

Should this motion carry, the bill is ordered to a 
third reading, and is read in its order on any sub- 
sequent day, when the proper order of business — 
third reading of bills — is reached. 

When it is desired to have a bill ordered directly 
to a third reading, without consideration in com- 
mittee of the whole, the same course must be pur- 
sued in regard to the notice. The following is the 



44 

proper form, in a case where it is desired to order 
a bill on the general orders, to a third reading : 

Mr. gives notice that he will at 

some early future day, move to suspend 
the fourth rule in order that the bill en- 
titled an act {give the title,) may be order- 
ed to a third reading without being acted 
on in committee of the whole. 

On a subsequent day. the corresponding motions 
may be made to suspend the rules and order to a 
third reading. 

If the bill proposed to be ordered to a third 
reading, has not been considered either in a stand- 
ing committee or in committee of the whole, the 
notice will be as follows : 

Mr. gives notice that he will on 

some subsequent day move to suspend 
the fourth and thirty-first rules, in order 
that the bill entitled, {recite the title,) may 
be ordered to a third reading without 
previous reference. 

The motions to suspend the rule and order to a 
third reading may then be made on any subsequent 
day, under the proper order of business, as in the 
cases before mentioned. 

If it is desired to have a bill taken up in com- 
mittee of the whole, out of its proper order, it is 
necessary to make a motion therefor under the 
order of business of " General Orders." The mo- 



45 

tion requires for its passage the assent of two-thirds 
of the members present. 

The same object may be attained in a different 
form by one day's notice of a suspension of the 
sixty-fifth rule, followed on a subsequent day, by the 
proper motions to suspend and take up. The 
motion to suspend requires the assent of a majority 
of the members elected, but the motion to take up 
a bill out of its order, after the rule has been sus- 
pended for the purpose, requires only a majority of 
those voting. 

These directions are in accordance with the rules 
as they exist at the present session. Of course 
they would have to be varied if the rules cited 
should be materially amended. 

FORMS AND PROCEEDINGS IN COMMITTEE OF 
THE WHOLE 

As each member is in his turn called to the chair, 
when the House goes into committee of the whole, 
it will be useful to those who have not previously 
occupied that position or had practice as presiding 
officers, to familiarize themselves with the forms of 
proceeding on such occasion. For this purpose 
the following forms and instructions are given. 

When the House has resolved to go into com- 
mittee of the whole on a particular bill or subject, 
the Speaker requests some gentlemen, calling him 
by name, to take the chair. 

On taking his place, the chairman says : 

The House is now in committee of the 
whole, on the bill entitled an act, {here 



46 

read the title from the copy which the Cleric 
furnishes.) 

The Clerk will read the bill through. 

The Clerk having finished the reading, the chair- 
man says : 

The Clerk will read the bill by sec- 
tions. 

The Clerk reads the first section ; when the chair- 
man inquires : 

Are there any amendments to be pro- 
posed to the first section ? 

If none are proposed, after waiting a proper time, 
the chairman says : 

If not, the Clerk will read the second 
section. 

The same process is gone through until all the 
sections have been disposed of, when the chairman 
announces : 

Amendments generally, are now in 
order. 

Under this head amendments not before offered 
and acted on, can be proposed to any section of the 
bill. If none are offered, the chairman says : 

The Clerk will read the title of the 
bill. 

When this is done, the chairman inquires : 

Are there any amendments to the title 
of this bill? 



47 

None being proposed, the chairman next asks : 

What is the pleasure of the commit- 
tee ? 

Here some member usually moves to rise and re- 
port the bill to the House. 

The chair states the motion thus : 

Mr. (or the gentleman from ) 

moves that the committee do now rise and 
report this bill to the House and recom- 
mend its passage. 

Is the committee ready for the ques- 
tion? 

Gentlemen : You who are in favor of 
this motion will say aye. Those opposed 
will say no. The motion is carried (or 
lost,) as the case may he. 

The chairman then leaves the chair which is re- 
sumed by the Speaker. The Chairman then ad- 
vances to opposite the Speaker's chair and makes 
his report thus : 

Mr. Speaker : 

The Speaker responds : 
Mr. Chairman : 
The Chairman proceeds : 

The committee of the whole have had 
under consideration the bill entitled an act, 



48 

(here recite the title,) have gone through 
with the same, made no amendment (or 
amendments, as the case may he,) thereto, 
and have directed their Chairman to re- 
port the same to the House and recom- 
mend its passage. 

The Chairman than retires to his seat and the 
Speaker proceeds to put the question on disposing 
of the report. 

If during the consideration of the bill in the 
committee of the whole, amendments are proposed, 
the question on their adoption is put in the ordinary 
form. The Chairman first states the amendment or 
directs the Clerk to read it. He then asks : 

Is the committee ready for the ques- 
tion ? 

And if no further amendment or debate offer, he 
proceeds to put the question in the usual manner of 
putting any question to vote in a public assembly. 

The strict parliamentary rule is, that a section 
cannot be amended after a motion to amend has 
once been negatived and the section has been passed 
without further amendments being proposed ; the 
idea being that, the vote of the committee against 
amending is equivalent to approving the section as 
it stands, and the entertainment of further amend- 
ments would be only a waste of time. But this 
point is not often insisted on. 

It is competent for the committee at any time 
before the section has been passed, to reconsider the 



49 

vote upon any amendment made to that particular 
section. When a motion of this character is made, 
the question is stated and put thus : 

Mr. (or the gentleman from ) 

moves to reconsider the vote upon the 

passage of the amendment of Mr. to 

this section, (or the section.) 

If any member desires to know what the amend- 
ment is, the Chairman states, or directs the Clerk 
to read it. 

Is the committee ready for the ques- 
tion? 

No one rising to debate, he puts the question. 
When it is decided and the decision is properly 
announced, the Chairman says : 

The question now recurs upon the 
adoption of the amendment. Is the com- 
mittee ready, &c. 

If at any time during the consideration of a bill 
in committee of the whole, a motion be made to 
rise and report progress, it is in order and must be 
decided without debate. If determined in the 
affirmative, the committee immediately rises and 
the Chairman makes his report thus : 

Mr. Speaker : 
The Speaker responds : 
Mr. Chairman : 
The Chairman proceeds : 

The committee of the whole have had 



50 

under consideration the bill entitled, (here 
recite the title,) have made some progress 
therein, but not having gone through 
therewith, have directed their Chairman 
to report that fact to the House and ask 
leave to sit again. 

The Chairman then retires as before. 

The Clerk makes note of whatever amendments 
may be made to bills in committee of the whole, 
and the Chairman has no further responsibility in 
the matter after the bill has been reported to the 
House. 

If a bill be not gone through with at the first sit- 
ting of the committee of the whole upon it, it is 
customary for the same Chairman to officiate at each 
sitting of the committee, until it be finally disposed of. 

The same rules of order are applicable in com- 
mittee of the whole as in ordinary proceedings of 
the House, except that there is no limit to the 
speaking (provided the debate be confined to the 
question,) the yeas and nays can not be called, and 
there is no previous question. 

After a bill has been considered by sections, a 
motion is in order to strike out the enacting clause. 
If it prevail, the report of the Chairman is thus : 

Mr. Speaker : 
The Speaker responds : 

Mr. Chairman : 
The Chairman proceeds : 

The committee of the whole have had 



51 

under consideration the bill entitled, (here 
recite tlie title,) have gone through with 
the same, stricken out the enacting clause, 
and have directed their Chairman to report 
that fact to the House and to recommend 
their concurrence therein. 

A motion to strike out the enacting clause is not 
in order until the bill has been gone through, for the 
obvious reason, that the House ought first to try to 
pefect, before they destroy the bill. For the same 
reason motions to amend a section are in order 
before motions to strike out. 

If, at any time during the session of the House 
in committee of the whole, a question be raised that 
there is no quorum present, the Chairman directs 
the Clerk to ascertain that fact by count. If it 
appears that there is no quorum, the Chairman 
immediately leaves the chair and reports to the 
Speaker thus : 

Mr. Speaker. {After the Speaker's re- 
sponse,) The House, in committee of 
the whole, have had under consideration 
the bill entitled an act (here recite the title,) 
and after proceeding some time in the con- 
sideration thereof, find that there is no 
quorum present; that fact I herewith 
report to the House. 

If during the session of the committee, disturbance 
arise on the floor, or the Chairman finds it impossi- 



52 

ble to maintain order, he vacates the chair upon 
the approach of the Speaker, who resumes it for 
the purpose of enforcing order. When order has 
been restored, the Chairman resumes his seat and 
the business of the committee proceeds. 

If more than one bill be referred to the same 
committee of the whole, the Chairman officiates till 
all are disposed of, unless a motion be carried that 
the committee do now rise and report to the House, 
or report progress. 

FORMS OF ENDORSEMENTS AND REPORTS. 

All papers presented by a member, are required 
by the rules, to be properly endorsed. 

If the paper be a petition, it is to be endorsed 
legibly on the back, with a brief statement of the 
contents, together with the name of the member 
presenting the same, as for example : 



The petition of John Smith, 

of county, praying for 

a change of name. 

MR. JONES. 



If the paper be a resolution, it will be necessary 
simply, to add on the upper or lower margin, the 
name of the mover , thus : 

Resolved, That when this House adjourn to-day, it ad- 
journ to meet at 11 o'clock on Monday next. 

MR. JOHNSON. 



Reports of a standing or select committee on pe- 



53 



titions or bills referred to tbem may be made accord- 
ing to the following forms : 

FORM OF REPORT OX A PETITION, WITH A BILL. 

Mr. from the (standing or select) committee on 

(or if select, consisting of Messrs. ) to which was re- 
ferred the petition of praying for (here recite briefly 

the prayer of the petitioner,) reports that they have had the 
same under consideration, have come to a favorable con- 
clusion thereon and have directed their Chairman to re- 
port by bill, entitled as follows : — (Here insert the titU of 
the bill.) 

FORM OF A REPORT OX A BILL REFERRED TO RE- 
PORT COMPLETE. 

Mr. from the (standing or select) committee on 

(or if select committee, consisting of ) to which was 

referred the bill entitled an act (here insert the title.) re- 
ports that they have had the same under consideration, 
have come to a favorable conclusion thereon and have 
directed him to report the same to the House without 
amendment, (if there be no amendments.) (or if there be 
amendments.) with some amendments, and recommend its 
passage. 

In cases where a committee has had power to re- 
port a bill complete, (ready for a third reading,) 
the form of the report is as follows : 

Mr. from the (standing) committee on 

(or if select, consisting of ) to which was referred the 

bill entitled an act (here insert the title.) with power to 
report complete, reports that the committee have had the 

same under consideration, have made amendment (or 

amendments.) thereto, and have directed their Chairman 
to report the same complete to the House, and recom- 
mend its passage. 

Any member introducing a bill will endorse upon 



54 

it, lie title, adding his name, and stating whether 
or not, if ia introduced in pursuance of i 
notice, thus : 



:t to change the name of John Smith, to John 
?mith Jones. 

MR. THOMPSON. 

On -notice (or) without notice. 



If he wishes the bill or other pap~: be any 

particular reference, he may prop- note : : the 
information of the Speaker, in pencil mark after the 
endorsement, the name of the committee to which 
he wishes it referred. 

These are all the forms ordinarily required in the 
endorsement of papers. 

FORM OF NOTICES. 

Bills are introduced either by report of a com- 
mittee on a matter referred to them, or by 
of the House, one day's notice being usually given 
of the intention to introduce the same. The ordi- 
nary form of notice is as follows : 

Mr. gives notice that he will at some early future 

day, ask leave to introduce a bill to (or entitled,) {here 
state the object of the bUl or give Us title.) 

CALLING PAPERS FROM THE FTLES. 

When it is desirable to renew matters which 
have been under consider^ t former sessions, 

but which have failed to receive affirmative action. 



55 

they may be again brought forward by resolution. 
The following forms are applicable : 

In a case where the original matter was intro- 
duced in the Assembly : 

Resolved, That the papers on file, relative to (here state 
the subject matter,) be taken therefrom and referred to the 
(standing or select) committee on (or consisting of ) 

Mr. 

Where the matter originated in the Senate : 

Resolved, That the Senate be requested to transmit to 
this House the papers on its files relative to (here staU the 
subject matter,) and that when received they be referred to 
the standing committee on (or to the select com- 
mittee consisting of as the case may be ) 

Mr. 

PROCEEDINGS PRELIMINARY TO CONTESTED 
SEATS. 

[The following provisions of law are applicable to 
all cases where a contest is intended to be prosecu- 
ted for a seat awarded to another by the return of 
the county canvassers.] 

(Extract from Title V. Chap. VII. Part 1. R. S.) 

§ 12. When any person shall intend to contest 
the election of any member of the Senate or As- 
sembly, or to support any such election so intended 
to be contested, and shall be desirous of obtaining 
testimony respecting any such election, he may make 
application to the county judge of a county or to the 
mayor or recorder of any city for process to procure 
the attendance of the witnesses whose testimony he 
may be desirous to obtain. 



56 

§ 13. The officer to whom such application shall 
be made shall thereupon issue a summons directed 
to all such witnesses as shall be named by such ap- 
plicant, and requiring the attendance of such wit- 
nesses before him at some convenient time and 
place, to be expressed in such summons in order to be 
then and there examined touching such election. 

§ 14. Such summons shall be served by deliver- 
ing a copy thereof to each witness named therein a 
reasonable time before the day on which the attend- 
ance of such witness is required. 

§ 15. Whenever any summons shall be issued as 
aforesaid, the officer issuing the same shall deliver 
to the applicant a notification directed to the oppo- 
site party, and stating the object of such applica- 
tion, the name of the applicant, and the time and 
place fixed for the examination of the witnesses. 

§ 16. Such notification shall be served on the op- 
posite party by delivering to him, or leaving at his 
usual place of abode, a copy thereof, a reasonable 
time before the day fixed for the aforesaid examina- 
tion, and such examination shall not be proceeded in 
without proof of the due service of such notification. 

§ 17. All witnesses who shall attend pursuant to 
said summons, and all other witnesses who shall be 
produced at the time and place aforesaid by either 
of the parties, shall then and there be examined on 
oath or affirmation before the officer who issued the 
summons, touching all such matters and things re- 
specting the election about to be contested as shall 
be proposed by either of the parties. 

§18. The testimony given on such examination 
shall be reduced to writing by the officer taking the 



57 



same, and signed by the witnesses respectively, after 
which such officer shall transmit the said testimony 
duly certified under his hand, together with a copy 
of the summons and notification issued by him and 
of the proof of the service of such notification, en- 
closed and under seal, to the clerk of the Senate or 
the House of Assembly, as the case may require. 

§19. Every witness attending by virtue of any 
such summons shall be entitled to the same fees as 
are allowed to witnesses in civil suits in courts of 
record, to be paid by the party at whose instance 
such witness was summoned. 

§ 20. If any person being summoned in the man- 
ner aforesaid shall refuse or neglect to attend in 
pursuance of such summons, he shall forfeit and 
pay the sum of one hundred dollars to the use of 
the people of this State. 

§21. The following fees shall be allowed to the 
officer issuing such summons and taking such exam- 
ination : 

For issuing the summons, twenty-five cents. 

For the notification to the opposite party, twenty- 
five cents. 

For administering an oath or affirmation, twelve 
and a half cents. 

For reducing the testimony of each witness to 
writing, ten cents for each folio, and five cents for 
every copy thereof for each folio. 

For certifying the testimony and enclosing the 
same to the clerk of the Senate or Assembly, twenty- 
five cents. 



58 

POWERS OF LEGISLATIVE COMMITTEES IN 
TAKING TESTIMONY. 

The following provisions of law embrace all that 
relate to the power and duties of legislative com- 
mittees charged with making investigations through 
witnesses : 

[Extract from Title V. Chap. VII Part I. R. £.] 

§ 1. Tne chairman of any committee either of 
the Senate or Assembly or of any joint committee, 
shall be authorized to administer oaths to all wit- 
nesses coming before such committee for examina- 
tion. 

§ 2. Every chairman of a committee, which by 
the terms of its appointment shall be authorized to 
send for persons and papers, shall have power under 
the direction of the committee to issue compulsory 
process for the attendance of any witness within 
the State whom the committee may wish to examine. 

§ 3. Every such chairman shall also have power, 
under the direction of the committee, to issue a 
commission for the examination of any witness who 
shall be without the jurisdiction of the State within 
the State, who shall be unable to attend or who shall 
for special reasons be excused by the committee from 
attendance. 

§ 4. Whenever a committee shall obtain authori- 
ty for that purpose from the House or Legislature, 
by which it shall be appointed, it may issue such 
commission to be executed during the recess of the 
Legislature. 

§ 5. Every such commission shall be directed to 



59 

such magistrates or other persons as the committee 
may designate, and interrogatories framed by the 
committee shall be annexed thereto. 

§ 6. The persons to whom such commission shall 
be directed, if they reside within the State and 
accept the trust, shall before they enter on the ex- 
ecution of their duties, take the oath of office pre- 
scribed in the Constitution, and such commissioners 
shall have the power to issue process to compel the 
attendance of the witnesses whom they shall be 
required to examine. 

§ 7. Unless otherwise instructed by the com- 
mittee, it shall in all cases be the duty of the com- 
missioners to examine in private every witness 
attending before them and not to make public the 
particulars of such examination until the same shall 
be made public by order of the House or Legisla- 
ture appointing the committee. 

§ 8. Every witness so attending shall be examin- 
ed on oath or affirmation and his testimony shall be 
reduced to writing by the commissioners and signed 
by the witness. 

§ 9. When the commission shall have been duly 
executed, the commissioners shall annex thereto the 
depositions of the witnesses duly certified by them 
and shall without delay transmit the same enclosed 
and under seal to the chairman of the committee 
by which the commission shall have been issued. 

§ 10. Every such commission may be executed 
by any one or more of the persons to whom the 
same shall be directed, and may, in the discretion 
of the committee issuing the same, be directed to a 
single person. 



60 

§ 11. The persons executing any such commis- 
sion, and all persons examined as witnesses by com- 
missioners, or by a committee of either House or 
of the Legislature, shall be paid out of the treasury 
a reasonable allowance for their services, expenses 
and attendance to be fixed by the committee and 
certified by the chairman thereof, and to be audited 
by the comptroller. 

The following form of subpoena is applicable to 

all cases where an investigation has been ordered 

by the Assembly and power granted to send for 

persons and papers. If the investigation has been 

entrusted to a joint committee, a slight variation of 

this form will render it applicable to the case : 

Assembly Chamber, ) 
Albany, 185 j 

To 

Sir : In pursuance of a resolution of the Assembly, 
adopted , of which the following is a copy : 

On motion of Mr. , 

Resolved '.—(Insert the Resolution.) 

Ordered that Messrs. constitute such committee. 

By order of the Assembly. 

Clerk. 

You are hereby notified to attend before said committee, 

at the Capitol, in the city of Albauy, on the 

day of 185 — at o'clock, there to give such in- 

iormation, touching the subject of inquiry, as may be in 
your possession. 

And you are hereby further directed to bring with you 

before said committee, and such other documents in 

your custody as may be required in the investigation of 
the said subject. 

By order of the committee. 

Chairman. 



61 

The committee may authorize any citizen of 
suitable age and discretion to serve the subpoenas. 
A list of the witnesses should be delivered to the 
person so authorized, with an order directing him to 
summon the witnesses and make due return thereof. 
The following forms will suffice for this purpose : 

To 

Sir : In pursuance of a resolution of the Assembly, of 
which the following is a copy {Insert copy of the Resolution.) 
you will serve upon each of the persons named in the 
notices hereto attached, a copy of such notice, or leave 
the same at his residence or usual place of business, with 
some person of suitable age or discretion, and make due 
return to me of what you shall do in the premises. 

By order of the committee of Investigation. 

Chairman. 

A copy of each subpoena should be attached to 
this order. 

The following is a suitable form of return : 

To Chairman, 

Sir : In obedience to your order, hereto attached, I have 
served upon the persons named, the notices to appear as 
therein directed. 

The times and manner of serving such notices 
were as follows : 



DATE WHEN SERVED. 



MAXXER OF SERVICE. 



Signed, 



62 

Personally appeared before me this day of 

18 who being duly sworn, deposes and says that 

the foregoing is a true return. 



Chairman committee of Investigation. 

Should the person notified refuse to appear and 
be sworn, or should he refuse, after being sworn, to 
answer any question put to him by the committee 
touching the matter to be investigated, it is a con- 
tempt of the House, and should be so reported to 
the House by the committee. 

The House may thereupon cause the arrest of the 
offender, and after hearing his excuse, adjudge such 
punishment, by fine or imprisonment, or both, as 
they shall deem proper. 

Witnesses summoned in pursuance of a resolution 
of the House, are entitled to compensation for their 
services. This is paid by the Treasurer on the war- 
rant of the Comptroller. The accounts are audited 
by the committee, and a certificate, in the following 
form, is signed by the chairman, upon the authority 
of which the Comptroller draws his warrant : 

STATE OF NEW YORK, 
Assembly Chamber, \ 

Albany, 185 f 

Resolved: — (Insert the Resolution,) 
By order 

Clerk. 

Capitol in the City of Albany, ) 

185 ( 

I certify that in pursuance of the foregoing resolution, 



63 

was duly summoned to attend before the committee 

in the Assembly, and that he appeared and gave 
testimony in the matter embraced in the resolution. I 

further certify that this witness resides at distant 

miles from the Capitol, and that a reasonable allowance 
for his services, expenses and attendance, as fixed by the 
committee (pursuant to § 11 Title V. Chap. VII. Part I. 
R. S.,) is as follows : 

— — miles travel coming and returning at cts. per mile, S 

daj-s attendance, " $ per day, 



Total,. 



Chairman. 

POWERS, DUTIES AND PRIVILEGES OF THE TWO 
HOUSES OF THE LEGISLATURE. 

{Extract from Title II. Chap. VI. Part I. R. S.) 

§ 1. The Legislature shall assemble at the capitol 
in the city of Albany, on the first Tuesday of Jan- 
uary in every year. 

§ 2. A majority of each House constitutes a quo- 
rum to do business. Each House determines the 
rules of its own proceedings, and is the judge of the 
qualification of its own members. 

§ 3. Each House is required to keep a journal of 
its proceedings, and to publish the same, except 
such parts as may in its judgment require secrecy. 

§ 4. The doors of each House are to be kept 
open, except when the public welfare shall require 
secrecy. 

§ 5. Neither House can, without the consent of 
the other, adjourn for more than two days. 

§ 6. Every member of the Legislature shall be 



64 

privileged from arrest on civil process during his at- 
tendance at the session of the House to which he 
shall belong, except on process issued in any suit 
brought against hhn for any forfeiture, misdemeanor 
or breach of trust in any office or place of public 
trust held by him. 

§ 7. Each member shall enjoy the like privilege 
for the space of fourteen days previous to any such 
session, and also while going to or returning from 
such session, provided the time of such going or 
returning do not exceed fourteen days. 

§ 8. Each member shall enjoy the like privilege 
after any adjournment of the Legislature, until its 
next meeting, when such adjournment shall not ex- 
ceed fourteen days. 

§ 9. Each member shall enjoy the like privilege, 
while absent with leave of the House to which he 
shall belong. 

§ 10. No officer of either House, whilst in actual 
attendance upon the House, shall be liable to arrest 
on civil process. 

§ 11. For any speech or debate in either House 
of the Legislature, the members shall not be ques- 
tioned in any other place. 

§ 12. Each House has the power to expel any of 
its members, and to punish its members and officers 
for disorderly behaviour by imprisonment, but no 
member shall be expelled until the report of a com- 
mittee appointed to inquire into the facts alleged 
as the ground of his expulsion shall have been made. 

§ 13. Each House has the power to punish as 
a contempt and by imprisonment, a breach of its 
privileges or of the privilege of its members, but 



65 

such power shall not hereafter be exercised except 
against persons guilty of the following offenses : 

1. The offense of arresting a member or officer 
of the House in violation of his privilege from ar- 
rest, as hereinbefore declared. 

2. That of disorderly conduct in the immediate 
view and presence of the House, and directly tend- 
ing to interrupt its proceedings. 

3. That of publishing any false and malicious re- 
port of the proceedings of the House, or of the con- 
duct of a member in his legislative capacity. 

4. That of refusing to attend or be examined as 
a witness either before the House or a committee, 
or before any person authorized by the House, or 
by a committee to take testimony in legislative pro- 
ceedings 

5. That of giving or offering a bribe to a mem- 
ber, or of attempting by menace or any other cor- 
rupt means or device, directly to control or influ- 
ence a member in giving his vote, or to prevent 
him from giving the same. 

§ 14. In all cases in which either House shall 
punish any of its members or officers, or any other 
person, by imprisonment, such imprisonment shall 
not extend beyond the same session of the Legisla- 
ture. 

§ 15. The Assembly has the power of impeaching 
all civil officers of the State for mal and corrupt 
conduct in office, and for high crimes and misde- 
meanors, but a majority of all the members elected 
must concur in an impeachment. 

E 



RULES AND ORDERS OF THE ASSEMBLY. 



1. Upon tiie appearance of a quorum, the Speak- 
er, having taken the chair, and the members being 
called to order, the journal of the preceding day 
shall be read, to the end that any mistakes therein 
may be corrected by the House ; and in all cases 
of the absence of a quorum, the members present 
may take such measures as shall be necessary to 
procure the attendance of absent members ; and the 
Speaker, with the consent of the majority of the 
members present, may adjourn from day to day 
until a quorum shall appear. 

2. After the reading and approving of the jour- 
nal, the order of business shall be as follows : 

1. The presentation of petitions. 

2. Reports of standing committees. 

3. Reports of select committees. 

4. Messages from the Governor. 

5. Communications from the State officers. 

6. Messages from the Senate. 

7. Third reading of bills. 

8. Notices. 

9. Introduction of bills. 

10. Motions and resolutions. 

1 1 . Unfinished business. 

12. Special orders of the day. 



68 

13. General orders of the day. 

But messages from the Governor, commu- 
nications from State ofiicers, and messa- 
ges from the Senate, may be received at 
any time. 

3. Motions for reference to different committees 
shall be put in the following order : 

1. To the committee of the whole. 

2. To a standing committee. 

3. To a select committee. 

But no bill or other matter shall be consid- 
ered in committee of the whole until the 
same is printed. 

4. No bill shall be ordered to a third reading 
without having been acted on in committee of the 
whole. 

5. The Speaker shall cause the clerk to make a 
list, in the order in which they were referred, of all 
bills, resolutions and reports of committees, and 
other proceedings of the House, which are commit- 
ted to a committee of the whole, and not made a 
special order of the clay for any particular day; 
which list shall be called " The general orders of the 
day." Bills on the general orders shall be consid- 
ered in the following order : The clerk shall an- 
nounce the title of each bill as it shall be reached 
in its order ; and the bill thus first announced may 
be taken up on the motion of any member, without 
taking a question therefor ; but if not so named, the 
clerk shall proceed in the same manner with the 
list of general orders, and any bill called in its 
order and not so moved, shall lose its precedence 
for the day only. 



69 

6 . All questions relating to the priority of business, 
that is, the priority of one question or subject mat- 
ter over another, under the same order of business, 
shall be decided without debate. 

7. The Speaker shall preserve order and deco- 
rum, and shall decide all questions of order, which 
decision shall be final unless an appeal is taken to 
the House. On every appeal from the decision of 
the Speaker, he shall have the right in his place to 
assign his reason for his decision. He shall also 
have the right to substitute any member to perform 
the duties of the chair, but such a substitution shall 
not extend beyond one day, unless by leave of the 
House. 

8. When the House shall be equally divided, in- 
cluding the Speaker's vote, the question shall be 
lost. 

9. When the Speaker is putting the question no 
member shall walk across or out of the House. 

10. When the House adjourns the members shall 
keep their seats until the Speaker leaves the chair. 

11. A member rising to debate, to give a notice, 
make a motion or report, to present a petition or 
other paper, shall address the Speaker, and shall 
not proceed further until recognized by the chair. 

12. No member shall speak more than twice to 
the same general question without leave of the 
House ; nor more than once in any case, until every 
member, choosing to speak on the question pend- 
ing, shall have spoken. 

13. While a member is speaking no member 
shall entertain any private discourse, or pass be- 
tween him and the chair. 



70 

14. If any member, in speaking or otherwise, 
transgress the rules of the House, the Speaker shall, 
or any member may, call to order ; in which case 
the member so called to order shall immediately sit 
down, unless permitted to explain. 

15. Every member who shall be within the bar 
of the House when a question is stated from the 
chair shall vote thereon, unless he be excused by 
the House, or unless he be directly interested in the 
question, in which case he shall not vote. No mem- 
ber shall be permitted to vote on any question, un- 
less within the bar, when his name is called. The 
bar of the House shall be deemed to include only 
the Assembly Chamber within the rails. 

16. Petitions, memorials and other papers ad- 
dressed to the House shall be presented by the 
Speaker, or by a member in his place. 

17. Every member, previous to presenting a pe- 
tition or memorial, shall endorse on the same the 
substance thereof, and add his name; the clerk 
shall then read the endorsement ; after which the 
Speaker shall put the question on the disposition of 
said petition or memorial. 

18. Every motion shall be first stated by the 
Speaker, or read by the clerk before debate, and 
immediately before the question is put ; and every 
such motion, except of the class of motions em- 
braced in rule 22, shall be reduced to writing, if 
the Speaker or any member desire it. 

19. After a motion is stated by the Speaker, it 
shall be deemed to be in possession of the House, 
but may be withdrawn at any time before a decision 
or amendment. 



71 

20. If the question in debate contain several dis- 
tinct propositions, the same shall be divided by the 
chair at the request of any member, but a motion 
to strike out and insert shall be indivisible. 

21. When a blank is to be filled, and different 
sums or times are proposed, the question shall first 
be put on the largest sum and longest time. 

22. When a question is under debate no motion 
shall be received unless for an adjournment of the 
House, a call of the House, for the previous ques- 
tion, to postpone it indefinitely, to postpone it to a 
certain date, to lay it on the table, to commit it, 
or to amend it; these several motions shall have 
precedence in the order in which they are here 
stated. 

23. A motion to lay a question on the table shall 
be decided without amendment or debate ; a motion 
to commit until it is decided shall preclude all amend- 
ment and debate of the main question ; and a mo- 
tion to postpone a question indefinitely, or to ad- 
journ it to a day certain, until it is decided, shall 
preclude all amendment of the main question. 

24. The "previous question" shall be as follows: 
u Shall the main question he now put?" and until it 
is decided shall preclude all amendment or debate. 
When on taking the previous question, the House 
shall decide that the main question shall not now 
be put, the main question shall be considered as 
still remaining under debate. The " main ques- 
tion" shall be on the passage of the bill, resolution, 
or other matter under consideration ; but when 
amendments are pending, the question shall first be 
taken upon such amendments in their order, and 



72 

where amendments have been adopted in committee 
of the whole, and not acted on in the House, the 
question shall be taken upon such amendments in 
like order, and without further debate or amend- 
ment. 

25. A motion to adjourn the House shall always 
be in order, and decided without debate. 

26. In all cases where a bill, order, resolution 
or motion shall be entered on the journal of the 
House, the name of the member moving the same 
shall also be entered on the journal. 

27. If any ten members require it, the ayes and 
nays upon any question shall be taken and entered 
upon the journal. 

28. All committees shall be appointed by the 
Speaker, unless otherwise especially directed by the 
House. 

29. All committees to whom private claims are 
referred, shall in all cases report in writing, a state 
of facts with their opinion thereon. 

30. Every bill originating in the House, shall be 
introduced by leave on motion, or by an order of 
the House, or of a report of a committee. One 
day's notice at least shall be given of a motion for 
leave to bring in a bill, unless the House otherwise 
unanimously allow ; such notice shall specify the 
subject matter of such bill; and all resolutions of 
reference and instruction to committees shall state 
the subject to be referred. 

31. All bills brought into this House by any 
member or committee, shall be endorsed with the 
name of the member or committee bringing in the 
same ; all bills introduced by members on leave 



73 

shall be referred to one of the standing committees, 
or to a select committee, to consider and report 
thereon; such committee may report in favor of 
such bill, either with or without amendments, or 
they may report against the same ; and where a bill 
shall be reported against by a committee, and the 
report agreed to by the House, the bill shall be 
considered as rejected, and shall not go upon the 
General Orders. 

32. The titles of all bills introduced into the 
House for repealing, modifying or amending any 
existing law, shall state concisely the subject matter 
sought to be amended, modified or repealed. 

33. No private bill shall be brought into this 
House, but upon a memorial or petition presented 
to the House, and signed by the party or parties 
praying for such bill, except by the special order of 
the House. 

34. No bill shall be committed or amended until 
it has been twice read. 

35. Every message from the Senate communica- 
ting any bill for the concurrence of the House, 
shall, with the accompanying documents, if any, be 
referred to a standing or select committee, to con- 
sider and report thereon. 

36. All amendments by the Senate to bills which 
have passed this House, shall be referred to a stand- 
ing or select committee, to examine and report 
thereon, unless the House shall otherwise order or 
allow. 

37. In forming a committee of the whole House, 
the Speaker shall leave the chair, and shall appoint 
a chairman to preside. 



74 

38. The rules of the House shall be observed in 
the committee of the whole so far as may be appli- 
cable, except limiting the number of times of speak- 
ing, and except that the ayes and noes shall not be 
taken, and excepting also that a motion to rise and 
report progress shall always be in order. Such 
committee may strike out the enacting clause of a 
bill, and report that fact to the House, and if the 
report be agreed to by the House, it shall be deemed 
a rejection of the bill. 

39. Bills committed to a committee of the whole 
House shall, in committee of the whole thereon, be 
first read through, unless the committee shall oth- 
erwise order, and then read and debated by sections, 
leaving the title to be last considered. All amend- 
ments shall be noted on a separate piece of paper, 
or on the margin of the bill under consideration, 
and reported to the House by the chairman of the 
committee of the whole ; after the report the bill 
shall be still subject to debate and amendment be- 
fore the question to engross is put; and such 
amendments only shall be in order as were offered 
and decided in committee of the whole House. 

40. A similar mode of proceeding shall be ob- 
served with bills which have originated in the Sen- 
ate, as with bills originating in this House. 

41. If, at any time, when in committee of the 
whole House, there be not present a quorum to do 
business, the chairman shall immediately report the 
fact to the Speaker. 

42. On a motion, in committee of the whole 
House, to rise and report progress, the question 
shall be decided without debate. 



•75 

43. Every bill shall receive three several read- 
ings previous to its being passed ; and the second 
and third reading shall be on different days ; and 
the third reading shall be on a day subsequent to 
that on which the bill passed in committee of the 
whole House, unless the House, by a vote of two- 
thirds of the members present, direct otherwise, and 
in the order in which the same shall have been 
ordered to a third reading, unless the House shall 
otherwise direct, or the bill to be read, be laid on 
the table. And the question on the final jDassage 
of a bill shall be taken immediately after such third 
reading, and without debate, unless the same shall 
be ordered to be recommitted ; and no bill shall be 
read the last time, unless it shall have been once 
printed, without the consent of two-thirds of the 
members present. 

44. The duty of " The Committee on Engrossed 
Bills" shall be carefully to examine all the bills re- 
commended or ordered to a third reading by this 
House, and see that the same are correctly en- 
grossed, and report the same to the House before 
they are read a third time. The clerk shall en- 
gross, and " the committee on engrossed bills" shall 
examine and report every bill in the order in which 
its engrossment shall be directed, unless the House 
shall otherwise order. 

45. Reports from the committee on engrossed 
bills shall at all times be in order, and have the 
preference to any other business. 

46. When a bill passes the House, the Speaker 
shall certify the same, with the date thereof, together 
with the fact whether passed as a majority, two- 



76 

thirds, or three-fifths bill, as required either by the 
Constitution or laws of this State. 

47/ No motion for reconsideration shall be in 
order unless on the same day or the following 
legislative day to that on which the decision pro- 
posed to be reconsidered took place ; nor unless 
one of the majority shall move such reconsideration. 
A motion for reconsideration being put and lost,, 
shall not be renewed ; nor shall any subject or vote 
be a second time reconsidered without unanimous 
consent. 

48. Upon a motion to reconsider the vote on the 
final passage of any bill, a majority of all the 
members elected to the House shall be required to 
reconsider the same ; and on a motion to reconsider 
the vote on the final passage of any bill requiring 
the assent of two-thirds of all the members elected 
to this House, two-thirds of the members elected to 
the House shall be required to reconsider the same. 
But the vote on the final passage of any bill creat- 
ing, continuing, altering, or renewing any incorpor- 
ation other than municipal, shall not be reconsidered 
whenever such bill shall be lost. 

49. A standing committee of five members shall 
be appointed on bills coming within the ninth sec- 
tion of the first article, and 14th section of article 
seven of the Constitution of this State; and when 
any bill shall have passed in committee of the whole 
House, on which the Speaker may entertain doubts 
whether it comes within the provision of either of 
the said sections, it shall be referred to the said 
committee to examine and report thereon, before 
the question on the final passage shall be taken, 



77 

50. A standing rule or order of this House may 
be suspended, changed, or rescinded, upon one 
day's previous notice being given of the motion 
therefor, by a vote of a majority of all the members 
elected. Such notice or motion shall, in all cases, 
state specifically the object of the suspension, and 
every case of suspension of a rule under such notice 
or motion shall be held to apply only to the object 
specified in the notice. Nor shall the 48th rule, so 
far as it applies to two-third bills, be altered, re- 
scinded or suspended, unless two-thirds of all the 
members elected to the House agree to such altera- 
tion, rescinding or suspension. 

51. No person, unless in the exercise of an 
official duty, or by invitation of the Speaker, shall 
be admitted on the' floor of the House, excejDt 
members of the Senate, Governor, Lieutenant 
Governor, other State officers, Eegents of the Uni- 
versity, and such reporters as the Speaker shall 
designate. The privilege of admission under any 
invitation shall not extend beyond the day on which 
such invitation shall be given. 

52. Standing committees, consisting of five mem- 
bers each, shall be appointed on the following 
subjects : 

Ways and Means. 

Commerce and Navigation. 

Canals. 

Kail roads. 

Banks. 

Insurance Companies. 

Two-third and three-fifth Bills. 

Colleges, Academies and Common Schools. 



78 



Grievances. 

Privileges and Elections. 

Petitions of Aliens. 

Erection and Division of Towns and Counties. 

Claims. 

Internal Affairs of Towns and Counties. 

Medical Societies and Colleges. 

State Charitable Institutions. 

Incorporation of Cities and Villages. 

Manufacture of Salt. 

Trade and Manufactures. 

State Prisons. 

Engrossed Bill. 

Militia and Public Defence. 

Roads and Bridges. 

Public Lands. 

Indian Affairs. 

Charitable and Religious Societies. 

Agriculture. 

Public Printing. 

Expenditures in the Executive Department. 

Expenditures of the House, and 

A committee of the judiciary, consisting of seven 
members. 

And it shall be the duty of each of the several 
committees to inquire into the matters indicated by 
its name, and to report thereon to the House any 
information, and any bill or resolution which it may 
deem conducive to the public good. 

53. All motions or resolutions for the printing of 
an extra number of any document, paper or bill, 
shall be referred as of course to the printing com- 
mittee to report thereon. 



79 

54. It shall be the duty of the committee on 
public printing to examine and report on all ques- 
tions of printing referred to them, and to state an 
approximate estimate of the cost in the particular 
case referred, when practicable ; to examine, from 
time to time, and ascertain whether the prices 
charged for printing are in conformity to the con- 
tract therefor, and whether it is done in conformity 
to the orders of the House, and without unreason- 
able delay ; to ascertain and report what number 
of copies ought usually to be printed, and how dis- 
tributed ; and to report to the House, from time to 
time, any measure they may deem useful for the 
economical and proper management of the public 
printing. 

55. It shall be the duty of the committee on 
expenditures of the House and in the Executive 
Department, severally to inquire into the said ex- 
penditures, and whether the same have been made 
in conformity to law, and whether proper vouchers 
exist for the same, and whether the funds provided 
for the purpose are economically applied, and to 
report from time to time such provisions, laws and 
regulations as may conduce to economy, and secure 
the faithful disbursement of the moneys appropriated 
by law. 

56. Resolutions giving rise to debate (except 
such as relate to the disposition of matters already 
before the House, and such as relate to the business 
of the day on which they are offered), all concurrent 
resolutions, and those containing calls for informa- 
tion from the Executive Department, shall lie over 
one day for consideration, after which they may be 



80 

called up, of course under their appropriate order 
of business. 

57. It shall be the duty of the committee on 
ways and means, to examine into all the, depart- 
ments of the government, whether Executive, Leg- 
islative, Judicial or otherwise, where salaries or 
emoluments are given ; to examine, ascertain, and 
report to the House what officers can be dispensed 
with, and what salaries or emoluments can be re- 
duced, and how far consistent with the public good, 
and to take such action in regard to section eight, 
of article seven, of the Constitution of this State, 
as may be requisite. 

5S. No bill or other matter shall be made a 
special order of the day for a particular day, with- 
out the assent of two-thirds of the members present. 
It shall not be in order to make any bill or other 
matter a special order of the day from day to day ; 
nor shall more than three bills or other matters be 
made special orders for the same day ; and no 
special order shall be postponed or rescinded except 
by a vote of two-thirds of the members present. 

59. Resolutions calling for expenditure from the 
General Fund shall be referred to and reported upon 
by the committee on expenditures, unless the House 
shall designate some other committee. 

60. The clerk shall keep, in a book to be pro- 
vided for that purpose, a register of all bills intro- 
duced into this House, or transmitted for concur- 
rence from the Senate, in which he shall cause to 
be recorded, under appropriate heads, the progress 
of all such bills from the elate of their introduction to 
the time of their transmission ; if Assembly bills to 



81 



the Governor, or if Senate bills their return to the 
Senate. 

61. Every member requesting to be excused from 
voting, may make a brief and verbal statement of 
the reasons for making such request, and the ques- 
tion shall then be taken without further debate. 

62. All applications by societies or individuals 
for the use of the Assembly Chamber, shall lie over 
for one day, unless the Assembly shall otherwise 
order. The member making any such application 
may briefly suggest the reasons why it should be 
granted, but the decision shall be made without 
debate. 

63. Tuesday and Thursday of each week, im- 
mediately after the reading of the journal, shall be 
especially set apart for the consideration of bills on 
the general orders ; but this rule shall not be con- 
strued to prevent the consideration of the general 
orders on any other day when reached in their 
regular order. 

64. The journal of each day's proceedings of the 
House shall be printed so that it shall be laid on the 
tables of the members within four days after its 
approval, and the Sergeant-at-Arms shall cause the 
printed journals to be kept on files in the same 
manner as other printed documents. 

65. The clerk shall furnish to each member of 
the House, every morning, at the commencement 
of the session, a printed list of the " General Orders 
of the day;" and no bill shall be considered in the 
committee of the whole, or be read a third time out 
of its proper order, unless by a vote of two-thirds 
of all the members present. 



JOINT RULE 8 

OF THE 

SENATE AND ASSEMBLY, 



1st. Each House shall transmit to the other all 
papers on which any bill or resolution shall be 
founded. 

*2d. When a bill or resolution which shall have 
passed in one House, is rejected in the other, notice 
thereof shall be given to the House in which the 
same may have passed. 

3d. Messages from one House to the other, shall 
be communicated by the respective clerks of each 
House, unless the House transmitting the message 
shall especially direct otherwise. 

4th. It shall be in the power of either House to 
amend any amendment made by the other to any 
bill or resolution. 

5th. In every case of dhTerence between the two 
Houses, upon any subject of legislation, either 
House may request a conference, and appoint a 
committee for that purpose, and the other shall also 
appoint a committee to confer. The committee 
shall meet at such hour and place as shall be ap- 
pointed by the chair 'man of the committee on the 
part of the House requesting such conference. The 
conferees shall state to each other verbally or in 



83 



writing, as either shall choose, the reasons of their 
respective Houses, and confer freely thereon. The 
committee shall report in writing, and shall be 
authorized to report such modifications or amend- 
ments as they think advisable. But no committee 
on conference shall considej or report on any mat- 
ters except those directly at issue between the two 
Houses. The papers shall be left with the con- 
ferees of the House assenting to such conference, 
and they shall present the report of the committee 
to their House. When such House shall have acted 
thereon, they shall transmit the same, and the pa- 
pers relating thereto, to the other, with a message 
certifying its action thereon. 

6th. It shall be in order for either House to re- 
cede from any subject matter of difference, subsist- 
ing between the two Houses at any time previous 
to conference, whether the papers on which such 
difference arose are, before the House receded, for- 
mally or informally; and on such vote to recede, 
the same number shall be required to constitute a 
quorum to act thereon, and to assent to such reced- 
ing, as was required on the original question out of 
which the difference arose. 

7th. After each House shall have adhered to 
their disagreement, the bill which is the subject of 
difference shall be deemed lost, and shall not be 
again revived during the same session in either 
House. 

8th. All joint committees of the two Houses, and 
all committees of conference, shall consist of three 
Senators and five members of Assembly, unless 
otherwise specially ordered by concurrent resolution. 



84 



9th. No bill which shall have passed one House, 
shall have its final reading in the other, in less than 
two days thereafter, without the consent of two- 
thirds of the members thereof present ; and when- 
ever ten or more bills which shall have been passed 
in either House, shall be in readiness for final read- 
ing in the other House, such House shall assign a 
day for the final reading of such bills, which day 
shall be within one week thereafter. At the time 
appointed, such House shall proceed to the final 
reading of said bills, and continue the same from 
day to day until all such bills then in readiness for 
final reading shall have been read, unless this order 
of business shall in either House, by the vote of 
two-thirds of the members present, be suspended 
or laid on the table. All such bills shall have their 
last reading in each House, in the order in which 
the same shall have been ordered to a final reading 
in such House ; unless the bill to be read be laid on 
on the table. In all cases where a bill shall be so 
ordered to lie on the table, it shall retain its place 
in the order of the final reading of bills, but shall 
not be called up for consideration unless by the vote 
of a majority of the members present. 

10th. The same bill shall not, specially or by 
name, create, renew or continue more than one in- 
corporation, nor contain any provisions in relation 
to the altering of more than one incorporation by 
name ; but this rule shall not be construed to apply 
to corporations to be formed under general laws 
according to the eighth article of the Constitution, 
nor to bills for consolidating corporations. 

11th. Whenever there shall be an election of 



85 

officers by the two Houses, the result shall be certi- 
fied by the President of the Senate and Speaker of 
the Assembly, and shall be reported by the presid- 
ing officer of each House, to their respective 
Houses, and be entered on the journals of each, and 
shall be communicated to the Governor by the 
clerks of the two Houses. 

12th. There shall be printed, of course, and with- 
out order, 341 copies of all original bills reported 
by committees of either House ; and 801 copies of 
all messages from the Governor, (except messages 
certifying his approval of bills,) all reports of stand- 
ing or select committees, and all reports or commu- 
nications made in pursuance of law; and 796 copies 
of the Journal of each House, which number shall 
be denominated the usual number. 

13th. Neither House shall order the printing or 
purchasing of books for the use of members or for 
distribution, except by joint resolution, upon which 
the ayes and noes shall be called, and which must 
receive the votes of a majority of each House ; and 
no printing shall be done by order of either House, 
which is not embraced in the contract for doing the 
public printing. Whenever either House shall 
order more than the usual number of any message 
or document, the fact shall be communicated imme- 
diately by message to the other. 

14th When a document shall be ordered to be 
printed by both Houses, it shall be regarded as but 
one order, calling for the usual number only, unless 
otherwise expressly directed by either House. 

loth. When an extra number shall be ordered, 
it shall be done by specifying the number for each 



86 

member. The Governor and State officers shall 
each have the same number as the members ; and a 
specified number may be added for any committee, 
officer, or author of a document. 

16th. Orders to print unexecuted, expire at the 
close of the session; and no documents shall be 
printed or delivered, after the final adjournment, 
unless printed under some law, or concurrent reso- 
lution of the Senate and Assembly. 

17th. The sergeant-at-arms of each House shall 
receive from the printer all matter ordered by the 
respective Houses, and shall keep a book and enter 
therein the time of reception by him of every such 
bill or document, and the number of copies received, 
and shall cause each and any of such bill or docu- 
ment to be immediately placed upon the desks of 
the members. 

18th. There shall be printed 341 bills, and dis- 
tributed as follows : 

To the Senate, 84 copies. 

To the Assembly, 218 copies. 

To the State Officers, 28 copies. 

To the State Library, 1 copy. 

Retained to bind, 10 copies. 

There shall be printed 311 messages and docu- 
ments, and distributed as follows : 

To the Senate, 90 copies 

To the Assembly, 190 copies. 

To the State Officers, 30 copies. 

To the State Library, 1 copy. 



87 



There shall be printed 300 Journals of each 
House, and distributed as follows : 

To the Senate, 80 

To the Assembly, 188 

To the State Officers, 30 

To the State Library, 2 

There shall be printed to bind, 496 Journals of 
each House, and the same number of messages and 
documents, and distributed as follows : 

For the Senate, 38 copies. 

For the Assembly, 134 copies. 

For Senate Library, 18 copies. 

For Assembly Library, 56 copies. 

For the counties, and public officers,. . . 123 copies. 
For literary and scientific exchanges, to 
be made by the Regents of the Uni- 
versity, including one copy for each 
State and Territory, and one copy for 
each of the Regents who are not oth- 
erwise provided for, 124 copies. 

For State Library, 3 copies. 

There shall also be printed and bound for the 
State Library, 3 copies of the Session Laws, and 
also of the Journal of each House, and 57 copies of 
the same for the Regents of the L T niversity, for the 
purpose of literary exchanges. 

The Clerk of each House shall forthwith after the 
Journal thereof of each day, is approved, deliver a 
legible copy thereof to the printer for the two Houses. 
19th. There shall be a standing committee con- 
sisting of three members of the Senate, and five 
members of the Assembly, to be called the joint 



88 

committee on the State Library and cabinet of Nat- 
ural History. 

20th. The supply bill and annual appropriation 
bill shall be reported by the 15th day of March, and 
printed immediately thereafter, and made the spe- 
cial order on the 25th day of March next. 

21st. No bill introduced after the 20th day of 
March in either House, shall have its reading in 
either House until all bills, previously introduced 
in either, and sent from one House to the other 
House for concurrence and ready for third reading, 
shall be disposed of unless by unanimous consent, 
except the supply bill and the annual appropriation 
bill ; and the clerk of each House shall note on each 
engrossed bill the day on which it was introduced, 
and the day on which it was received from the other 
House, and shall announce such facts when the same 
is proposed to be read a third time. 

22d. When a bill originated in the Senate or 
Assembly shall have been lost in either House, 
neither the same nor any other bill on the same 
subject, and containing similar provisions, shall be 
subsequently introduced into the Senate or Assem- 
bly during the same session, unless by unanimous 
consent. 



INSTRUCTIONS TO THE STATE PRINTER. 



Secretary's Office, ) 
Albany, Jan. 29, 1856.) 

To Charles Van Benthuysen : 

Sir : — In accordance with the provisions of your 
contract with the State, dated 15th day of Novem- 
ber, 1854, for printing the Journals, Bills, Docu- 
ments and other printing ordered by the Senate and 
Assembly, we direct as follows : 

First. — That you print three hundred copies of 
the Journals of the Senate and Assembly, and de- 
liver those for the Senate to the Sergeant-at-Arms 
of the Senate, and those for the Assembly to the 
Sergeant-at-Arms of the Assembly, within four days 
from the time the manuscript copy of the Journal 
shall be delivered to you by the Clerk of each 
House, and that you deliver the thirty copies for 
the State officers to N. P. Stanton, Deputy Secre- 
tary of State, and the two copies for the Library to 
the State Librarian, and that you hold the other 
496 copies till further directed. 

Second. — That you print the 341 Bills for the 
Senate and Assembly promptly and without delay, 
and deliver those for the Senate to the Sergeant-at- 
Arms of the Senate, and those for the Assembly to 



90 

the Sergeant-at-Arnis of the Assembly, and those 1 
for the State officers to N. P. Stanton, Deputy Sec- 
retary of State, and that for the State Library to 
the State Librarian, and hold the other ten copies 
until further directed. 

Third. — That you observe the same direction as 
last above, as to the 311 copies of messages and 
documents for the Senate, Assembly, State officers 
and State Library, and hold the other 490 copies 
till further directed. 

Fourth. — That the extra copies of messages and 
documents, ordered by the Senate and Assembly, 
or either of them, be printed without delay, and de- 
livered to the Sergeant-at-Arms of the two Houses, 
so far as the same are printed, during the session of 
the Legislature, and that you hold the residue until 
further directed. 

J. T. Headley, Secretary of State. 

h, Burrows, Comptroller. 



INDEX. 



Paqf. 

Admission to the floor, 39 

Bills, process of passing, 40 

Books 37 

Committee rooms, 39 

Committees of the Assembly, 

Senate, 16 

Investigating, their powers, 58 

Compensation of members and officers, 21 

Contested seats, proceedings preliminary thereto, 55 

Documents, 25 

Drawing of seats, 19 

Duties of officers, 26 

Speaker, 26 

Clerk 27 

Deputy Clerks, 28 

Librarian, 31 

Assistant Librarian, 32 

Sergeant-at-Arms, 32 

Door Keeper, 33 

Assistant Door Keepers, 33 

Post Master, 33 

Assistant Post Master, 34 

Janitor, 34 

Keeper of Assembly Chamber, 35 

Messengers, 35 

Keeper of the Capitol, 36 

Forms and proceedings in committee of the whole, ... 45 

of endorsements and reports, 52 

of subpoenas, returns and pay certificates to 

witnesses, 60, 61, 62, 63 

Instructions to State Printer, 89 

Joint Rules of the Senate and Assembly, 82 

Library hours, 32 



92 

List of Members of the Assembly, 5 

Officers of the Assembly, 

Committees of the Assembly, 

Members of the Senate, 13 

Officers of the Senate, 15 

Committees of the Senate, 16 

Officers of the Assembly, 

Officers of the Senate, 15 

Organization, 17 

Post Office Arrangements, 24 

Powers of the two Houses in matters of privilege, .... 63 

Process of passing bills, 40 

Printer State, instructions to, 89 

Privileges of members and officers, 63 

Regulations in the department of the Clerk, 28 

Rules of the Assembly, 67 

Stationery and newspapers, 23 



INDEX TO ASSEMBLY RULES. 



Rule. Page* 

Adjournment to be bad from day to day in absence of quo- 
rum, 1 ... 67 

members to keep tbeir seats on, until Speaker 

leaves tbe chv.r, 1 67 

motion for, always in order, and not debate- 
able, 25 72 

Admission to the floor, who entitled to. 51 77 

privilege of invitation for, limited to the day,... 51 77 

Amendments, what are in order to bills reported from com- 
mittee of the whole, 39 .... 74 

Appeal may be taken from dec fion of, 7.... 69 

Assembly chamber, use of Low granted. 62 81 

Bills — not to be ordered to third reading till acted on in 

committee of the whole, 4 68 

how considered in committee of the whole, 4 6S 

how introduced, SO ... 72 

one day's notice to be given of, , 30 72 

to be endorsed, 31 .... 72 

to be referred to standing or select committee.. .... 31 72 

power of committee over, .....' 31 .... 72 

effect of adverse report on, 31 .... 72 

title to state subject matter of, , . 32 .... 73 

private, not to be introduced except on petition, .... 33. ... 73 

not to be committed or amended till twice read, .... 34. ... 73 
amended by Senate, to be referred unless otherwise 

ordered, 36 .... 73 

how considered in committee of the whole, 39.. . .74 

subject to debate and amendment when reported by 

committee of the whole, 39. . . .74 

from Senate subject to same rules in committee of 

the whole as House rules, 40 .... 74 

to receive three several readings, 43 .... 75 

second and third reading to be on different days, .... 43. ... 75 
third reading to be on day subsequent to second read- 
ing, 43. ...75 

to be read the third time in their order, except by 

consent of two-thirds present, l S' * " 81 

may be laid on the table on third reading, 43 ... .75 

question on final passage of, to be taken immediately 

on third reading, unless recommitted, 43 .... 75 



94 



Bills — may be recommitted on third reading, 43 .... 75 

not to be read a third time unless printed, 43 75 

to be certified by Speaker when passed, 46 75 

how made special orders, 58 80 

cannot be made special orders from day to day. 58 80 

not more than three to be made special orders for the 

same day, 58 80 

Blanks, manner of filling, 21 71 

Claims, committee on to report in writing, 29 .... 72 

Clerk to make list of general orders, 5 68 

to engross bills in their order , 44 .... 75 

to keep register of bills, 60 80 

to furnish printed list of general orders each morn- 
ing, 65 81 

Committees to be appointed by the Speaker, 28 72 

standing, appointed by the Speaker, 52 .... 77 

duty of, 52.... 77 

on claims to report in writing, 29 72 

what to be appointed, 52 77 

duties of, 52 77 

Committee of the whole. Speaker to appoint chairman for, 37 73 

f38....74 
39.... 74 

rules to be observed in .{40 74 

41.. ..74 
[42.... 74 
what to be done in absence of quo- 
rum in, 41 .... 74 

on engrossed bills, duty of, . . . , 44 75 

report from, always in order, 45 .... 75 

on two-tbirds and three-fifths bills, duty of, 49. ... 76 

on expenditures of the House, duty of, 55 .... 79 

on ways and means, duty of, 55 79 

Communications from State officers may be received at any 

time 2. ...67 

Debate, limitation of, 12 69 

Division of question when allowed, 20 71 

Expenditures of the House, duty of committee on, 55 79 

General Orders, Clerk to make list of, 5 68 

how considered in committee of the whole, 5 68 

Clerk to furnish printed list of, daily, 65 .... 81 

no bill to be considered in out of its order 

except by two-thirds vote, 65 .... 81 

Tuesdays and Fridays assigned specially for 

consideration of, 63 .... 81 

may be considered on any other day, when 

reached in order, 63 .... 81 

Journal to be read each day and corrected, 1 67 

name of mover of every question to be entered in, 26 72 

yeas and nays to be entered in, 27 .... 72 

to be printed and placed on file within four days 

after approval, 64 .... 81 



95 



List of committees to be appointed, 52 77 

Member, to take his seat when called to order for violating 

rules, 14 .... 70 

to vote, if within the bar, unless excused 15 .... 70 

Messages from the Governor may be received at any time, . . 2 67 

Senate may be received at any time,... . 2 67 

to be referred, , 35 73 

Motions of reference, precedence of, 3 . . . . 68 

to be reduced to writing if required 18 .... 70 

to be stated by Speaker or read by Oerk before de- 
bate, 18. ...70 

when allowed to be withdrawn, 19 .... 70 

precedence of, for adjournment, call of the House, 
previous question, postponement, laying on the 

table, commitment or amendment, 22 71 

to lay on the table not amendable or debatable, ... 22. ... 71 

to commit, does not allow debate on main question, 23.... 71 

for previous question, not debatable, 23 .... 71 

to postpone, precludes amendment of main ques- 
tion, 23.... 71 

to adjourn, always in order, and not debatable, .. . 25.. ..72 
to report progress in committee of the whole, not 

debatable 42... .74 

to reconsider, when in order, 47 ... 76 

effect of adverse vote upon reconsideration, 47 .... 76 

Order of business, 1....67 

breach of, to wa% across or out of the house when 

Speaker puts puestion, '. 9 .... 69 

breach of to entertain private discourse while a mem- 
ber is speaking, 13 .... 63 

Papers to be endorsed before presented, 17 .... 70 

Petitions, how presented, 16 70 

to be endorsed before presented, 17 .... 70 

Previous question denned, 24. ... 71 

effect of, 24 71 

Priority of business, question relative to, not debatable, ... 6. ... 69 

Printing committee, what resolutions to be referred to, . . . 53. ... 78 

duty of, 54.... 79 

Question, when divisible, 20. ... 71 

Quorum, steps to be taken to secure presence of, 1 .... 67 

what to be done by chairman of committee of the 

whole, in absence of, 41 .... 74 

Reconsideration, when in order to move, 47 .... 76 

effect of adverse vote on, 47 .... 76 

what vote required for, 48. ... 76 

not allowed on certain incorporation bills, 48 .... 76 

Register of bills to be kept by Clerk 60 80 

Resolutions of instruction to committee, to state subject 

to be referred, 30 72 

what lie over, 56. ... 79 

how called up, 56 .... 79 

calling for expenditures, to be referred, 59 .... 80 



96 



f38....74 
(39. ...74 

Rales to be observed in committee of the whole, ■{ 40. ... 74 

I 41.... 74 
(.42.. ..74 

how changed, rescinded or suspended, 50 . , . . 77 

Serge<mt-at Arms to place journals on file, 64. . . . 8t 

Speaker to call to order on taking chair, 1 67 

to preserve order and decorum, 7 69 

to decide questions of order, 7 .... 69 

decision may be appealed from, 7 69 

may state reasons for his decision, 7 69 

app int a substitute for the day, 7 69 

to be addressed by the presenter cf a paper or mover 

of a question, 11 .... 69 

to call members to order for violating rules, 14 70 

to put question on reference of papers, 17.... 70 

to state quesl ion, 18 70 

to appoint committees , 28 .... 72 

to leave chair in committee of the whole and ap- 
point chairman, 37 .... 73 

to certify to passage of bills, 4fi 75 

Special orders, how ma de, 58 .... 80 

not to be more than three in one day, 58 .... 80 

how postponed or rescinded, .* 58 80 

Standing committees, duties of, 52 ... 77 

The vote, effect of, ...' 8 69 

Two-thirds and three-fifths bills, duty' of committee on,.. 49 76 

Voting, rule in reference to. 15 .... 70 

member asking to be excused from, may state rea- 
sons briefly, 61 .... 81 

Ways and means, duty of committee on, 57 80 

Yeas and nays, to be taken on the call of ten members, .... 27 .... 72 



In ( 



029JWJ6U 




LIBRARY OF CONGRESS 



029 827 3652^ 




